Re: Recruitment: the ills and the thrills

Dahil sa hype na ginagawa sa college ball nowadays, pag parating nanalo ang school ay sikat so that means mas maraming ingay and makaka attract ng potential students na mag enroll sa mga schools na to. This is one of the reasons din siguro why some schools are doing everything in terms of recruitment. Pulling out the possible resources that they can to get talented and blue chip recruits.

Re: Recruitment: the ills and the thrills

I looked up the law creating the Philippine Sports Commission, the government agency tasked supposedly with developing and overseeing sports in the country. RA 6847 I think its called. Siempre walang banggit dun about varsity athletics.

Here are some things I've been thinking up:

I. Definition of Terms

a) Amateur athlete - Any person engaged in any or a number of sporting activity, game, tournament, league, competition with the primary purpose being to achieve victory in the same.

b) Varsity athlete - Any amateur athlete currently enrolled at any curriculum or year level, in a school, university, college, technical and vocational and all other institutions offering educational and training services (herein referred to as 'school'), and who competes as a representative of the same.

II. What a Varsity Athlete May Directly Receive

a) Up to 100% free tuition and miscellaneous fees, including fees that may be charged for co-curricular and extracurricular activities such as but not limited to field trips, theater shows, museum visits and the like.

b) School uniforms, school shoes, school materials and supplies that are actually required in subjects in which said varsity athlete is currently enrolled, inclusive of the uniforms, shoes, materials and supplies to be used in training and the actual sporting event of the athlete.

c) Free use of dormitory facilities. In case the school does not have its own dormitory facilities, or the same are currently at full occupancy, free use of any housing unit not more than 50 meters from the campus where the varsity athlete is enrolled, and provided that rent / lease for said housing unit is not more than the average rent / lease of that locality.

d) Free board. In case board cannot be provided, the varsity athlete may be given a subsistence allowance equivalent to no more than 50% of the legislated national daily minimum wage.

e) Free transportation. In case transportation cannot be provided, the varsity athlete may be given a transportation allowance equivalent to no more than 20% of the legislated national daily minimum wage.

f) Honorarium equivalent to no more than 200% of the legislated national daily minimum wage for public appearances per appearance such as interviews on TV, Radio and Online shows, print and other media.

g) Honorarium equivalent to no more than 500% of the legislated national daily minimum wage and/or merchandise/goods equivalent to no more than 1000% of the legislated national daily minimum wage for commercial/product endorsements per endorsement transaction.

III. Prohibitions

a) Varsity athletes may not recieve any emoluments, remuneration, salary, wage, or any other consideration, in cash or in other forms, except for those enumerated in the preceding Article.

b) Varsity athletes may not receive any other gift, incentive, award, reward, bonus or other material, except if the varsity athlete is also a national athlete and is given a reward or bonus as a national athlete as provided by Law.

c) Coaches, managers, handlers, relatives, friends, legal guardians, teachers, school administration and staff, are not to transact for and on behalf of varsity athletes in order to receive any emoluments, remuneration, salary, wage, or any other consideration, in cash or in other forms, except for those enumerated in the preceding Article.

d) Coaches, managers, handlers, relatives, friends, legal guardians, school administration and staff, are not to transact for and on behalf of varsity athletes in order to receive any other gift, incentive, award, reward, bonus or other material.

IV. Participation in Competition Other Than Varsity Competition

a) Varsity athletes may represent the country as national athletes in international competition, or as local government athletes in national competitions, subject to all of the same provisions in Article II and Article III above.

b) Varsity athletes are not to participate in any competition with prizes, salaries, wages, other remuneration and emoluments of any kind.

c) Should any varsity athlete be found in violation of any provisions herein, said athlete shall be barred immediately and permanently from any varsity competition, and shall be barred from the premises of any venue, stadium, coliseum and the like where any varsity competition is being held.

V. Penal Provisions

a) Natural and juridical persons may be found in violation of this Act.

b) Those found in violation of this Act, whether jointly or severally, must pay a fine of at least P50,000 up to a maximum of P5,000,000 and incarceration of at least six years and one day up to a maximum of 12 years.

c) Schools found in violation of this act shall be suspended from all varsity competition for at least one year up to a maximum of two years. Said years in suspension shall count against the eligibility of all varsity athletes of the offending school.

All varsity competition refers not only to the tournament, league, competition to which the offending school belongs and participates, but all tournaments, leagues and competitions nationwide.

Violations of this Act committed, jointly or severally, individually or in concert, by any official representatives, employees, faculty, staff of the school, in any capacity, are deemed as violations committed by the school.

A remedy to this is to REQUIRE EVERY MEMBER SCHOOL TO FURNISH THE LEAGUE COPY OF GRADES OF STUDENT-ATHLETES AT THE END OF EVERY MID-TERM AND FINALS OF EACH SEMESTER. (In the case of hs students, copy of report cards of every grading period.)

Some may argue that on certain grounds the above concerns are "internal issues" that it need not be elevated to the concerns of the league as a whole. Na ang academic standing ng bawat bata, na ang clearances ay sa pagitan lamang bata at paaralan.

We had a head start in this game. At one time we had a glorious 3rd place finish in the World Championship and was the undisputed power in Asia. But the world has learned how to play it. They may not be as good as us,but they have enough smarts to make use of their height. That is enough to beat us.

Re: Recruitment: the ills and the thrills

^ I've always thought that there must be some law somewhere that prevents schools from forcing their players to stay with them.

Here is an interesting legal question: Does a school, or agent of a school (scout, recruiter, teacher, coach, etc) have the right to be reimbursed for effort, time and most of all money, in the recruitment of a varsity athlete if that athlete decides not to play for the school after all, or decides to leave that school to transfer to and play for another school?

Let us say a school coach goes to Cebu or Davao precisely to watch the various school tournaments there in the hopes of landing a good player, bring him back to Manila, and have that guy play for the coach's team. He finds just such a guy, a talented 6'2" swingman who can fly like Vergel Meneses, shoot like Allan Caidic and handle and pass like Hector Calma all rolled into one. Coach texts his Athletics Director to send money for one-way airfare and a little goodwill cash for the guy's mom and dad. When the kid gets to Manila he practices right away and is put on Coach's B Team. During a Fr Martin Game, after their side beats a big UAAP school and the kid scores 40 against one of the best defenses in Manila basketball, the school he beat offers him bigger allowance and a better scholarship, not to mention a chance at a much better quality of education. The kid accepts. He applies for an honorable dismissal on his own, without telling his coach. Coach is informed by the Registrar that the kid is bolting. Coach and the Athletics Director say if he wants to leave he has to pay for the airfare, have his folks return the goodwill cash, and pay back everything he got from the school, to the tune of say P250,000.

Is there a law that says the school and the coach can do this to this kid?

By playing varsity ball for that school hasn't the kid in effect already earned the scholarship given to him?

As for the airfare, was that not contingent expense to bring the kid over and thus a sunk cost that should not be recovered from the object of the cost? Same with the goodwill cash given to mom and pop.

Re: Recruitment: the ills and the thrills

Originally Posted by Joescoundrel

^ I've always thought that there must be some law somewhere that prevents schools from forcing their players to stay with them.

Here is an interesting legal question: Does a school, or agent of a school (scout, recruiter, teacher, coach, etc) have the right to be reimbursed for effort, time and most of all money, in the recruitment of a varsity athlete if that athlete decides not to play for the school after all, or decides to leave that school to transfer to and play for another school?

Let us say a school coach goes to Cebu or Davao precisely to watch the various school tournaments there in the hopes of landing a good player, bring him back to Manila, and have that guy play for the coach's team. He finds just such a guy, a talented 6'2" swingman who can fly like Vergel Meneses, shoot like Allan Caidic and handle and pass like Hector Calma all rolled into one. Coach texts his Athletics Director to send money for one-way airfare and a little goodwill cash for the guy's mom and dad. When the kid gets to Manila he practices right away and is put on Coach's B Team. During a Fr Martin Game, after their side beats a big UAAP school and the kid scores 40 against one of the best defenses in Manila basketball, the school he beat offers him bigger allowance and a better scholarship, not to mention a chance at a much better quality of education. The kid accepts. He applies for an honorable dismissal on his own, without telling his coach. Coach is informed by the Registrar that the kid is bolting. Coach and the Athletics Director say if he wants to leave he has to pay for the airfare, have his folks return the goodwill cash, and pay back everything he got from the school, to the tune of say P250,000.

Is there a law that says the school and the coach can do this to this kid?

By playing varsity ball for that school hasn't the kid in effect already earned the scholarship given to him?

As for the airfare, was that not contingent expense to bring the kid over and thus a sunk cost that should not be recovered from the object of the cost? Same with the goodwill cash given to mom and pop.

Re: Recruitment: the ills and the thrills

Manong Joe, pa-propose lang ng addenda sa panukala mo:

VI. Academic Requirements

a) A varsity athlete is to maintain the required Grade Point Average (hereafter referred to "GPA") or Quality Point Index (hereafter referred to as "QPI"), for his or her year level.
b) No special concessions of any form are to be given to varsity athletes. This includes, but is not limited to, the following:
- Lower GPA/QPI limits than those required of students not participating in varsity athletics;
- Specialized academic programs that are created for the sole purpose of accommodating varsity athletes; and
- Excessive assistance given by professors, boosters, and the like, with the exception of preferential access to library/study hall facilities.
c) All varsity athletics programs are to submit a semestral report (or, in the case of institutions running on the trimestral system, a trimestral report) on the academic achievements of their student-athletes.